When a motor vehicle accident occurs, there will invariably be physical damage to the motor vehicles. It is common for the cars involved in an accident to be photographed at the scene of the accident. Such photographs are often helpful in demonstrating the severity of the collision at trial. However,…
According to the Kane County Division of Transportation, the running of red lights remains one of the major causes of car accidents. Nationwide, nearly 1,000 people are killed and approximately 178,000 are injured when vehicles crash as a result of negligent drivers running red lights. The Illinois legislature empowers each…
According to the Washington Examiner, the National Highway Traffic Safety Administration (NHTSA) by way of the Transportation Secretary, Ray LaHood, told Congress on February 28, 2012, that new rules mandating rearview cameras on all passenger vehicles would be delayed until the end of 2012. In 2008, Congress passed the Cameron…
The time after a car accident can be stressful and frightening. Painful injuries and worries about keeping up with work and family are the biggest concerns. You may be in no position to speak to anyone – let alone the insurance adjuster for the at-fault driver. But the insurance company…
The common fund doctrine serves to limit an insurance company’s recovery of insurance liens from a Plaintiff’s settlement. The common fund doctrine is an exception to the American rule on attorney’s fees. Typically, each party is responsible for their own attorney’s fees unless there is a statute or an agreement…
Illinois Traffic Crash Reports are made by the police when a vehicle is involved in a collision (See an example Illinois Traffic Crash Report here). They are used for vehicle crashes, vehicle collisions with a pedestrian, and vehicle collisions with a bicyclist. If police are called to the scene of…
When a Plaintiff settles his personal injury claim, he may also have one or more liens against the amount of the recovery. Healthcare liens against a settlement may be asserted by the medical providers who have treated and rehabilitated the Plaintiff after suffering an injury. These liens are covered by…
An uninsured/underinsured (UM/UIM) claim often arises after a car accident. If the person at-fault for the accident flees the scene and is unable to be located, or if the person at-fault does not have insurance or has inadequate insurance, an uninsured/underinsured claim (sometimes called, “UM/UIM”) should be brought immediately. UM/UIM…
The biggest distinction between filing a lawsuit against an individual for a car accident and filing an uninsured/underinsured motorist claim (UM/UIM claim) against an insurance carrier is that the latter will be sent to arbitration for adjudication. Illinois law requires insurance companies to include arbitration clauses in all insurance contracts…
A setoff is a defense to a legal judgment for damages. A setoff can be either partial or total. When an insured party is making a claim against their insurance company for an Uninsured/Underinsured Motorist claim (UM/UIM claim) for an auto accident, bike accident, or pedestrian accident, the amount awarded…